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HomeMy WebLinkAboutCOUNCIL MINUTES 2004-09-15 REVISED PAGE 34815 34804 9/21/04 MINUTES OF THE ONE THOUSAND FIVE HUNDRED TWENTIETH REGULAR MEETING OF SEPTEMBER 15, 2004 On September 15, 2004, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Knapp delivered the invocation Roll was called with the following result: Donald Knapp, Brian Meakin, Frank J Kokenakes, Terry Godfroid-Marecki, James McCann, Thomas Robinson and Gerald Taylor Absent. None Elected and appointed officials present: John Hill, Assistant City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs and Jeff Bryant, Director of Economic Development. On a motion by Kokenakes, seconded by Knapp, and unanimously adopted, it was CR 419-04 RESOLVED, that the minutes of the 1 ,519th Regular Meeting of the Council held August 30, 2004 are hereby approved as submitted During the audience communication portion of the agenda, Council President Taylor introduced Boy Scout Troop 400 from the Church of Jesus Christ Latter Day Saints, located at Merriman and Six Mile Roads On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 420-04 WHEREAS,John Stymelski joined the United States Army in 1936 and served for more than twenty-two years, WHEREAS, John Stymelski and other soldiers, despite much depleted resources, forced Japanese troops to withdraw during the battle of Abucay Hacienda, 34805 Regular Meeting of September 15, 2004 WHEREAS, John Stymelski and thirteen other soldiers escaped the Bataan Death march, which resulted in the death of thousands of prisoners of war; WHEREAS, John Stymelski escaped to the island of Corregidor where he again became a prisoner of war; WHEREAS, John Stymelski remained a prisoner of war for more than two years, WHEREAS, John Stymelski was one of only eighty-two prisoners of war who survived after the Japanese prisoner ship, Shinyo Maru, was torpedoed on September 7, 1944, WHEREAS, John Stymelski and the survivors thereafter joined Filipino guerillas and continued to fight in the war until they returned to the United States of America, WHEREAS, John Stymelski's commanding officer recommended that he receive the Silver Star because of his gallantry in the battle of Abucay Hacienda, WHEREAS, John Stymelski's recommendation was lost for over sixty years until his daughter, Valery Mosborg, uncovered proof of her father's r.p acts of bravery; WHEREAS, John Stymelski was awarded the Silver Star on September 7, 2004 for his unselfish service to his country and the cause of freedom, WHEREAS, John Stymelski's service to his country exemplifies the bravery and courage of many servicemen from the City of Livonia, NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the City of Livonia join together with people the of Livonia, Michigan, to express their sincere gratitude and heartfelt congratulations to John Stymelski for his service and his well-deserved recognition Council President Taylor announced that Public Hearings for the following items will be held on Monday, October 4, 2004 at 7 00 P M , in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI 1 Request from Mark R. Gilmour, Ass't Vice President — Taxes, Kelsey Hayes Company, to amend Industrial Facilities Exemption Certificate No 2002-528 to increase the amount of personal property estimated to be purchased for the new headquarters building currently under construction at 12001 Tech Center Drive, trip Livonia, MI 34806 Regular Meeting of September 15, 2004 2. Michael Hanson, Controller, on behalf of Country Fresh, LLC, 31770 Enterprise Drive, Livonia, MI 48150 requests approval of an Industrial Facilities Exemption Certificate for the facility located at 31770 Enterprise Drive, Livonia, MI 48150 3 Daniel E. Higgins, Controller, Webasto Roof Systems, Inc., 36930 Industrial Road, Livonia, MI 48150 requests approval of an Industrial Facilities Exemption Certificate for the facility located at 36930 Industrial Road, Livonia, MI 48150 A communication from the Department of Finance, dated August 19, 2004, re forwarding various financial statements of the City of Livonia for the month ending July 31, 2004, was received and placed on file for the information of the Council At the direction of the Chair, Agenda Items #9 and #16 were removed from the Consent Agenda On a motion by Meakin, seconded by Kokenakes, it was CR 421-04 RESOLVED, that having considered an application from Laurie Tuschen, 11324 Berwick, dated August 27, 2004, requesting permission to close Berwick between Plymouth Road and Elmira on Sunday, September 26, 2004, from 2 00 p m to 7 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. CR 422-04 RESOLVED, that having considered a letter from Elizabeth Hering, Director of Bands and Orchestra and Patricia Hutchison, Director of Choirs, Winston Churchill High School, dated August 11, 2004, which requests permission to display 22" x 28" signs advertising a rummage sale to be conducted on Saturday, October 16, 2004 at Churchill High School, which signs are to be installed no earlier than Saturday, October 9, 2004, and removed no later than Sunday, October 17, 2004, at various locations in the City, the Council does hereby grant and approve this request in the manner and form herein submitted CR 423-04 RESOLVED, that having considered a letter from Diana Giordano and JoAnn Sopko, representing St. Edith School, dated August 27, 2004, which requests permission to display 107 signs announcing their fall craft show to be conducted on Saturday, November 13, 2004, which signs are to be 22" x 14" and shall be displayed at various locations in the City from Sunday, November 7, 2004, through Sunday, November 14, 2004, and to display one 48" x 36" sign in front of the school and church from Saturday, October 23, 2004, and removed no later than Sunday, 34808 Regular Meeting of September 15, 2004 Council does hereby refer this item to the Legislative Committee for its report and recommendation A communication from the Livonia Traffic Commission, dated August 24, 2004 — Administrative Response - re traffic control at Dunkin' Donuts/Baskin Robbins located at 27609 Plymouth Road, and its recommendation that No Parking signs be posted on the north side of the alley behind this location, was received and placed on file for the information of the Council (Petition 2004-02-02-07) (CR 177-04) CR 429-04 RESOLVED, that having considered a communication from the Director of Community Resources, dated August 19, 2004, which bears the signature of the Chief Accountant, is approved by the City Attorney and is approved for submission by the Mayor, and to which is attached a proposed Fiscal Year 2005 Municipal Credit and Community Credit Contract between the City of Livonia and SMART for the period July 1, 2004 to June 30, 2005, the Council does hereby authorize the Mayor and City Clerk to execute the Municipal Credit and Community Credit Contract for and on behalf of the City of Livonia for fiscal year 2005 and to do all other things necessary or incidental to the full performance of this resolution A communication from the Livonia Housing Commission, dated August 20, 2004, re its Audit Report for the fiscal year ending December 31, 2003, prepared in accordance with accounting practices prescribed by the U S Department of Housing and Urban Development, was received and placed on file for the information of the Council CR 430-04 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated August 24, 2004, which bears the signatures of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, to which is attached a Grant Agreement between the City of Livonia and Wayne County for the Rouge River National Wet Weather Demonstration Project, Round IIA Project, which will provide up to $345,850 00 in Federal funding for the construction and oversight of the Idyl Wyld Regional Storm Water Treatment Facility, and requires matching funds by the City (the project appropriation previously authorized in Council Resolution 348-04), the ,,,, Council does hereby authorize the Mayor and City Clerk, for and on behalf 34807 Regular Meeting of September 15, 2004 November 14, 2004, the Council does hereby grant and approve this request in the manner and form herein submitted CR 424-04 RESOLVED, that having considered a letter from Christine Stoll, Rummage Sale Advertising Chairperson, on behalf of St. Genevieve School, dated August 26, 2004, requesting permission to display signs announcing a rummage sale to be conducted on Friday and Saturday, October 15 and 16, 2004, which signs shall be displayed at various locations in the City no earlier than Saturday, October 9, 2004, and removed no later than 5 00 p m on Sunday, October 17, 2004, the Council does hereby grant and approve this request in the manner and form herein submitted CR 425-04 RESOLVED, that having considered a letter from Catherine S Anderson, MOPS Coordinator, St. Edith and St. Kenneth Parishes, dated August 26, 2004, which requests permission to display 14" x 23" signs announcing the Mom-to-Mom Sale at St. Edith's Church to be conducted on Saturday, October 23, 2004, which signs shall be displayed at various locations in the City no earlier than Saturday, October 16, 2004, and removed no later than Saturday, October 23, 2004, and a 2' x 3' sign in front of the church, the Council does hereby grant and approve this request in the manner and form herein submitted CR 426-04 RESOLVED, that having considered a letter from Debby Ferris and Karen Gray, on behalf of the Stevenson High School Booster Club, dated August 27, 2004, which requests permission to display 14" x 22" signs advertising the Stevenson High School Fall Craft Show to be conducted on Saturday, November 6, 2004, and a Spring Craft Show to be conducted on Saturday, March 5, 2005, which signs are to be installed no earlier than Saturday, October 30, 2004, and removed no later than Sunday, November 7, 2004, for the Fall craft show and installed no earlier than Saturday, February 26, 2005, and removed no later than Sunday, March 6, 2005, for the Spring craft show, at various locations in the City, the Council does hereby grant and approve this request in the manner and form herein submitted CR 427-04 RESOLVED, that having considered the request of Councilmember McCann at the Study Meeting held September 8, 2004, with regard to the proposed review of any and all ordinances pertaining to the maintenance of swimming pools, the Council does hereby refer this item to the Legislative Committee for its report and recommendation CR 428-04 RESOLVED, that having considered the request of Councilmember Knapp at the Study Meeting held September 8, 2004, with regard to the proposed review of the Sign Ordinance pertaining to signs advertising non-profit activities, open houses, etc , in the rights-of-way, the 34809 Regular Meeting of September 15, 2004 of the City of Livonia, to execute the aforementioned Grant Agreement; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution CR 431-04 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated August 13, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve a one-year extension of the existing contract with G & M Enterprises, Ltd , 19614 W Eight Mile Road, Southfield, Michigan 48075, for completing all sweeping required for the City's 2004 Leaf Pickup Program and supplemental routine sweeping at the unit prices bid in September, 2002, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 432-04 RESOLVED, that having considered a letter from Cheryl A Wilson, 14635 Bainbridge, on behalf of herself and Doug Bardocz, 14625 Bainbridge, received in the Office of the City Clerk on August 13, 2004, requesting a waiver of the sidewalk replacement requirement in front of 14635 Bainbridge and 14625 Bainbridge, and having further considered the report and recommendation of the City Engineer, dated August 19, 2004, approved for submission by the Mayor, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject properties would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing on this street; FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date CR 433-04 RESOLVED, that having considered a communication from the Department of Law, dated August 17, 2004, approved for submission by the Mayor, regarding a request from Nabeel Faris of Custom Stone Works, 32910 Plymouth Road, to place a temporary structure across a sanitary sewer easement which would connect to permanent structures on his property and facilitate the creation of an assembly line for his granite and marble business, the Council does hereby approve this proposed easement encroachment, with the understanding that the City can enter this removable building to perform sewer maintenance tasks or demolish the building if necessary at the owner's expense, and Mr Faris or his successors and assigns will hold the City harmless for any claims or expenses whatsoever; and the Department of Law is hereby requested to secure the signature of Mr Faris on the Notice of Encroachment Restrictions and forward same to the City Clerk to have the document recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution REVISED CR 434-04 (Bold type) Regular Meeting of September 15, 2004 34810 CR 434-04 RESOLVED, that having considered a communication from Gerald D Taylor, City Council President, dated September 1, 2004, requesting the City Council schedule a public hearing with respect to Public Act No 298 of 2003, known as the "Hammerstrom Election Consolidation Law," in order for the City to keep a September primary election date for its odd-year elections as opposed to the Act's August primary election date, the Council does hereby designate Wednesday, October 13, 2004, at 8:00 p.m as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof A roll call vote was taken on the foregoing resolutions with the following result: AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson and Taylor NAYS None On a motion by Knapp, seconded by Meakin, it was. CR 435-04 RESOLVED, that having considered the request of Councilmember Knapp at the Study Meeting held September 8, 2004, with regard to the proposed review of any and all ordinances pertaining to noise, the Council does hereby refer this item to the Legislative Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Kokenakes and Godfroid-Marecki NAYS McCann, Robinson and Taylor The President declared the resolution duly adopted On a motion by Kokenakes, seconded by Meakin, and unanimously adopted, it was CR 436-04 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated August 11, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached proposed Cost Agreements for Traffic Signal Control between 34811 Regular Meeting of September 15, 2004 the City of Livonia and the Michigan Department of Transportation (MDOT), and having considered the necessity for the installation of a traffic signal at the A & P Warehouse driveway west of Harrison Road, which signal would be interlocked with the existing signal at Harrison Road and Plymouth Road, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute these Agreements in the manner and form herein submitted, FURTHER, the Council does hereby approve of the City assuming 50% of future maintenance costs (approximately $840 00 per year) for these two signals and does hereby authorize the expenditure of such costs from the Michigan Transportation Fund (Major Road Account) for this purpose, and the City Clerk is hereby requested to forward a certified copy of this resolution, together with two signed Agreements, to the Michigan Department of Transportation, Metro Region Office Councilmember McCann took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 6 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 1995-10-01-25) (CR 663-97 AND CR 52-03) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Vice-President Meakin took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 33 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY 34812 Regular Meeting of September 15, 2004 OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2003-01-01-05) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Council President Taylor passed the gavel to Council Vice-President Meakin at 8.21 pm On a motion by Knapp, seconded by Meakin, it was CR 437-04 RESOLVED, that having considered a communication from Erich J D'Andrea, Brashear, Tangora, Gallagher, Creighton & Amann, LLP, on behalf of The Parz Group, which in accordance with the provisions of Section 19 08 of Ordinance No 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on July 20, 2004, by the City Planning Commission in its resolution 07-106-2004 with regard to Petition 2004-05-08-10 submitted by The Parz Group, on behalf of Pallagia Site Condominiums, requesting approval of the Master Deed, bylaws and site plan required by Section 18 62 of the Zoning Ordinance in connection with a proposal to construct a site condominium development on property located at 35300 Joy Road in the Southwest 1/4 of Section 33, the Council does hereby reject the recommendation of the Planning Commission and Petition 2004-05-08-10 is hereby approved and granted, subject to the following conditions 1 That the Master Deed and bylaws complies with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16 04-16 40 of the Livonia Code of Ordinances, and Article XX, Section 20 01- 20 06 of Zoning Ordinance No 543, except for the fact the following shall be incorporated • that the first floor of each condominium unit shall be brick or stone, on all four (4) sides, and the total amount of brick or stone on each two-story unit shall not be less than 65% and not less than 80% on one-story dwellings, • that all exterior chimneys shall be brick, 34813 Regular Meeting of September 15, 2004 • that the front setback of the unit of Lot 3 shall be no less than 35 feet; 2 That the brick used in the construction of each condominium unit shall be full-face four (4) inch brick, 3 In the event of a conflict between the provisions set forth in the Master Deed and bylaws and the requirements set forth in the City of Livonia Zoning Ordinance No 543, as amended, the Zoning Ordinance requirements shall prevail and petitioner shall comply with the Zoning Ordinance requirements, 4 That the petitioner shall include language in the Master Deed and bylaws or a separate recordable instrument wherein the condominium association shall reimburse the City of Livonia for any maintenance or repair costs incurred for the storm water detention/retention and outlet facilities, and giving the City of Livonia the right to impose liens on each lot owner's property prorata and place said charges on their real estate tax bills in the event said charges are not paid by the condominium association (or each lot owner) within thirty (30) days of billing for the City of Livonia, 5 That the Site Plan entitled "Preliminary Layout 28' B/C to B/C" marked Sheet 1 dated 3/30/04 prepared by Alpine Engineering, Inc., is hereby approved and shall be adhered to, 6 That the Landscape Plan dated 5/11/04 prepared by Calvin Hall & Associates, is hereby approved and shall be adhered to, 7 Except as may otherwise be expressly authorized by council resolution, the proposed road shall comply with the minimum design specifications for minor residential streets pursuant to Chapter 16 24 of the Code of Ordinances, 8 The developer shall be required to construct a sidewalk in accordance with the subdivision regulations unless waived by City Council, 9 That the petitioner shall correct to the Police Department's satisfaction the following as outlined in the correspondence dated June 10, 2004 • that streetlights shall be installed along the proposed street to enhance public safety; 34814 Regular Meeting of September 15, 2004 • that a STOP sign shall be installed at the Joy Road exit; 10 That the petitioner shall correct to the Fire Department's satisfaction the following as outlined in the correspondence dated June 8, 2004 • that adequate hydrants shall be provided and located with spacing consistent with residential areas Most remote hydrant shall flow 1,000 GPM with a residual pressure of 20 PSI, • that fire lanes shall be marked with freestanding signs or marked curbs, sidewalks, or other traffic surfaces that have the words "FIRE LANE - NO PARKING" painted in contrasting colors at a size and spacing approved by the authority having jurisdiction, 11 That the graphics and the design of the Entrance Marker shown on the approved Landscape Plan, is hereby approved and shall be adhered to, except for the fact that the sign shall be conforming in size and shall not exceed 20 square feet in sign area, 12 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 13 That the Site Plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 14 That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No 543, Section 18 66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development; 15 That the Master Deed and bylaws shall include a provision wherein the Condominium Association shall be responsible to perform regular maintenance and other necessary application of larvicide to control the breeding of mosquitoes in the stormwater retention pond, 16 That the Developer will submit for approval an ongoing mosquito control program as approved by the Department of Public Works describing maintenance operations and larvicide applications to the 34815 Regular Meeting of September 15, 2004 City of Livonia Inspection Department prior to the construction of the stormwater retention facility; and 17 That the Condominium Association will provide annual reports to the Inspection Department on the maintenance and larvicide treatments completed on the stormwater detention pond, FURTHER, the Council does hereby waive the Open Space Requirement of the Subdivision Rules and Regulations in connection with this site condominium development. A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Kokenakes and Godfroid-Marecki NAYS McCann, Robinson and Taylor The President declared the resolution duly adopted On a motion by McCann, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 438-04 RESOLVED, the Council does hereby refer to the Committee of the Whole the matter of reviewing the Zoning Ordinance with regard to detention basins and how they relate to land mass requirements for residential lots for report and recommendation Council Vice-President Meakin passed the gavel back to Council President Taylor at 824 p m On a motion by Godfroid-Marecki, seconded by Robinson, it was CR 439-04 RESOLVED, that having considered a letter from Timothy B McGee, 31785 Norfolk, Livonia, Michigan 48152, dated August 23, 2004, requesting that Council Resolution 56-02 be amended, to delete the portion with regard to a variance by the Zoning Board of Appeals in order for the property to be sold, the Council does hereby amend and revise Council Resolution 56-02 to read as follows RESOLVED, that having considered a communication from the City Assessor, dated January 10, 2002, approved for submission by the Mayor, with regard to a request from Tim and Carol McGee, 31785 Norfolk, Livonia, Michigan 48152, �,,,,, and in accordance with the provisions of 1967 PA 288, as 34816 Regular Meeting of September 15, 2004 amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-009-99-0056-004 into two parcels, the legal descriptions of which shall read as follows PARCEL A Part of the Northeast 1/4 of Section 3, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point distant North 88° 16'08" West along the North line of Section 3, 1349 05 feet and South 01°55'33" West along the West right-of-way line of Osmus Avenue (60' wide) 1156.20 feet and North 88°12'15" West 160 00 feet from the Northeast corner of said Section 3, proceeding thence South 01°55'33" West 140 30 feet; thence North 88°12'08" West along the North right-of-way line of Norfolk Avenue (50' wide) 70 23 feet; thence North 01°55'33" East 140 30 feet; thence South 88°12'15" East 70 23 feet to the point of beginning Containing 9,853 square feet. Subject to all easements and restrictions of record PARCEL B Part of the Northeast 1/4 of Section 3, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point distant North 88° 16'08" West along the North line of Section 3, 1349 05 feet and South 01°55'33" West along the West right-of-way line of Osmus Avenue (60' wide) 1156 20 feet and North 88°12'15" West 230 23 feet from the Northeast corner of said Section 3, proceeding thence South 01°55'33" West 140 30 feet; thence North 88°12'08" West along the North right-of-way line of Norfolk Avenue (50' wide) 70 23 feet; thence North 01°57'01" East 140 30 feet; thence South 88°12'15" East 70 17 feet to the point of beginning Containing 9,849 square feet. Subject to all easements and restrictions of record as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, FURTHER, in accordance with Section 16 32 030 of the Livonia Code of Ordinances and Section 18 46 of Zoning Ordinance No 543, as amended, the Council does hereby waive the minimum lot width requirements set forth in Zoning Ordinance No 543, as amended A roll call vote was taken on the foregoing resolution with the following result: i.. 34817 Regular Meeting of September 15, 2004 AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson and Taylor NAYS None The President declared the resolution duly adopted A communication from the Engineering Division, dated September 10, 2004, re request to waive sidewalks at 14947, 14953 and 14958 Henry Ruff, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Kokenakes, it was CR 440-04 RESOLVED, that having considered a letter from Pete Bevacqua, Bevacqu Building, 20887 Veranda, Novi, Michigan 48375, dated August 27, 2004, requesting a waiver of the sidewalk requirement in front of 14947, 14953 and 14958 Henry Ruff Road, and having further considered the report and recommendation of the City Engineer, dated September 10, 2004, approved for submission by the Mayor, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject properties would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks within the neighboring area, FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date A roll call vote was taken on the foregoing resolution with the following result. AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann and Robinson NAYS Taylor The President declared the resolution duly adopted A communication from the Engineering Division, dated September 10, 2004, re request to waive sidewalk at 20315 Shadyside, was received and placed on file for the information of the Council On a motion by Kokenakes, seconded by Meakin, and unanimously adopted, it was 34818 Regular Meeting of September 15, 2004 CR 441-04 RESOLVED, that having considered a letter from Pete Bevacqua, Bevacqu Building, 20887 Veranda, Novi, Michigan 48375, dated August 27, 2004, requesting a waiver of the sidewalk requirement in amp front of 20315 Shadyside Avenue, and having further considered the report and recommendation of the City Engineer, dated September 10, 2004, approved for submission by the Mayor, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks within the neighboring area, FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date A communication from Dorothy Bruce, 29218 Broadmoor Street, Livonia, 48152, dated September 8, 2004, re her opposition to a proposed lot split of Lot 241, Supervisor's Livonia Plat No 3, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Meakin, it was CR 442-04 RESOLVED, that having considered a communication from the City Assessor, dated September 3, 2004, approved for submission by the Mayor, with regard to a request from Michael Soave of Soave Homes, 33611 Plymouth Road, Livonia, Michigan 48150, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance No 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-051-01-0241-000 into two parcels, the legal description(s) of which shall read as follows PARCEL A Part of Lot 241 of "Supervisor's Livonia Plat No 3" of part of N '/2 of S W 1/4 of Sec 13, T 1 S , R.9 E , Livonia Twp (now City of Livonia), Wayne County, Michigan, as recorded in Liber 66, Page 16, Wayne County Records, described as commencing at the Southeast corner of Lot 241, thence West 69 98 feet along the South line of Lot 241 to the point of beginning, thence West 69 99 feet along the South line of Lot 241 to the West line of Lot 241, thence N 00°31'27" W 300 00 feet along the West line of Lot 241 to the North line of Lot 241, thence East 69 99 feet along the North line of Lot 241, thence S 00°31'27" E 300 00 feet to the point of beginning Containing 0 482 Acres PARCEL B 34819 Regular Meeting of September 15, 2004 Part of Lot 241 of "Supervisor's Livonia Plat No 3" of part of N 1/2 of S W 1/ of Sec 13, T1 S , R9 E , Livonia Twp (now City of Livonia), Wayne County, Michigan, as recorded in Liber 66, Page 16, Wayne County Records, described as beginning at the Southeast corner of Lot 241, thence West 69 98 feet along the South line of Lot 241, thence N 00°31'27" W 300 00 feet; to the North line of Lot 241, thence East 69 98 feet along the North line of Lot 241 to the East line of Lot 241, thence S 00°31'27" E 300 00 feet to the point of beginning Containing 0 482 Acres as shown on the map attached to the aforesaid communication which is made a part hereof by reference, FURTHER, in accordance with Section 16 32 030 of the Livonia Code of Ordinances, as amended, and Section 18 46 of Zoning Ordinance No 543, as amended, the Council does hereby waive the minimum lot width and area requirements set forth in Zoning Ordinance No 543, as amended, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson and Taylor NAYS None The President declared the resolution duly adopted On a motion by Knapp, seconded by Kokenakes, it was CR 443-04 RESOLVED, that having considered a communication from the City Assessor, dated August 26, 2004, approved for submission by the Mayor, with regard to a request from Rino Soave of M R.S Homes, LLC, 20592 Chestnut Circle, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance No 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-015-99-0012-003 into two parcels, the legal description(s) of which shall read as follows PARCEL A That part of the Southwest '/4 of Section 4 , T 1S , R9E , City of Livonia, Wayne County, Michigan, described as commencing at the South 1/4 corner of Section 4, thence N 00 degrees 10'55" E 1744 32 feet along the North-South 1/ line of Section 4 to the point of beginning, thence S 89 degrees 59'37" W , 268 00 feet to the east line of "Bicentennial Estates Subdivision" as recorded in liber 34820 Regular Meeting of September 15, 2004 99, page 77 Wayne County Records, thence N 00 degrees 10'55" E , 70 50 feet along said east subdivision line, thence N 89 degrees 59'37" E , 268 00 feet to said North-South 1/4 line of section 4, thence S 00 degrees 10'55" W , 70 50 feet along said N & S '/4 line to the Point of Beginning Subject to the east 43 00 feet for Gill Road right-Of-Way thereof Containing 19,296 sq ft. (0 434 acres) PARCEL B That part of the Southwest 'A of Section 4 , T 1S , R9E , City of Livonia, Wayne County, Michigan, described as commencing at the South '/4 corner of Section 4, thence N 00 degrees 10'55" E 1664 82 feet along the North-South '/4 line of section 4 to the north line of "Bicentennial Estates Subdivision" as recorded in liber 99, page 77 Wayne County Records and the point of beginning, thence S 89 degrees 59'37" W , 268 00 feet along said north subdivision line of "Bicentennial Estates Subdivision" to the east line of said subdivision, thence N 00 degrees 10'55" E , 79 50 feet along said east subdivision line, thence N 89 degrees 59'37" E , 268 00 feet to said North-South 1/4 line of section 4, thence S 00 degrees 10'55" W , 79 50 feet along said N & S '/4 line to the Point of Beginning Subject to the east 43 00 feet for Gill Road Right-Of- Way thereof Containing 20,904 sq ft. (0 489 acres) as shown on the map attached to the aforesaid communication which is made a part hereof by reference, FURTHER, in accordance with Section 16 32 030 of the Livonia Code of Ordinances, as amended, and Section 18 46 of Zoning Ordinance No 543, as amended, the Council does hereby waive the minimum lot width requirements set forth in Zoning Ordinance No 543, as amended, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson and Taylor NAYS None The President declared the resolution duly adopted 34821 Regular Meeting of September 15, 2004 A communication from the Inspection Department, dated September 10, 2004, re violations being complied with relative to a liquor license transfer at 28225 Five Mile Road, was received and placed on file for the information of the Council On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 444-04 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated March 4, 2004, and the report and recommendation of the Chief of Police, dated August 12, 2004, approved for submission by the Mayor, the Council does hereby approve of the request from Livonia Liquor Shop, Inc , for transfer of ownership of a 2003 SDD and SDM Licensed Business from Bunney Enterprises, Inc. for a business located at 28225 Five Mile Road, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was CR 445-04 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area of approximately 10 79 acres lying in the Southeast 1/4 of Section 27, more particularly described in Exhibits A and B, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 96", and WHEREAS, written notice has been given by certified mail to Country Fresh, LLC of the Council's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 96, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No 96, and 34822 Regular Meeting of September 15, 2004 WHEREAS, on Wednesday, September 1, 2004, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 96, at which time Country Fresh, LLC and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of Country Fresh, LLC attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A and Exhibit B, attached hereto 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 96 " EXHIBIT A A parcel of land being part of the S E 1/4 of Section 27, T 1 S , R.9 E , City of Livonia, Wayne County, Michigan and being more particularly described as follows Commencing at the east 1/4 corner of said Section 27, T 1S , R.9 E , thence S 0°06'10" E along the East line of Section 27, a distance of 557 42 feet to a point; thence N 89°30'10" W a distance of 60 00 feet to a point on the West line of Merriman Road (120 feet wide) and the point of beginning of the parcel herein described Thence along said West line of Merriman Road S 0°60'10" E. a distance of 60 00 feet to a point; Thence N 89°30'10" W a distance of 240 00 feet to a point; Thence S 0°06'10" E a distance of 30 32 feet to point; Thence N 89°28'10" W a distance of 100 00 feet to a point; Thence S 0°06'10" E a distance of 149 17 feet to a point; Thence N 89°21'50" W a distance of 23 00 feet to a point, Thence S 0°06'10" E a distance of 1062 75 feet to a point; Thence S 89°22'20" E a distance of 363 00 feet to a point on the West line of Merriman Road, Thence S 0°06'10" E along said West line of Merriman Road, a distance of 60 00 feet to a point; Thence N 89°22'20" W a distance of 363 00 feet to a point; Thence S 0°06'10" E a distance of 346 00 to a point; Thence N 89°22'20" W a distance of 883.25 feet to a point, Thence S 0°06'10" E a distance of 315 00 feet to a point on the North line of Plymouth Road (120 feet wide), Thence N 89°22'20" W along said North line of Plymouth Road, a distance of 60 00 feet to a point; Thence N 0°06'10" W a distance of 315 00 feet to a point; Thence N 89°22'20" W a distance of 159 14 feet to a point, Thence 5 0°01'20" W a 34823 Regular Meeting of September 15, 2004 distance of 315 00 feet to a point on the North line of Plymouth Road, Thence N 89°22'20" W along said North line of Plymouth Road, a distance of 150 00 feet to a point; Thence N 0°01'20" E a distance of 315 00 feet to a point; Thence N 89°22'20" W a distance of 497 72 feet to a point; Thence N 0°04'30" E a distance of 1928 45 feet to a point; Thence along a curve to the left a distance of 252 79 feet (said curve having a radius of 399.26 feet, central angle of 36°14'31", chord bearing of N 47°19'23" W chord distance of 248 36 feet), Thence N 65°26'39" W a distance of 60 59 feet to a point; Thence along a curve to the left a distance of 166 94 feet (said curve having a radius of 399 26 feet, central angle of 23°59'31", chord bearing of N 77°26'24" W chord distance of 165 97 feet) to a point on the South right-of-way line of C & 0 Railroad, Thence S 89°26'10" E along said South right-of-way line of C & 0 Railroad a distance of 1311 88 feet to a point; Thence along a curve to the right a distance of 319 69 feet (said curve having a radius of 368 10 feet, central angle of 49°45'36", chord bearing of S 47°09'48" E chord distance of 309 73 feet), Thence S 22°17'00" E a distance of 78 00 feet to a point; Thence along a curve to the right a distance of 143 64 feet (said curve having a radius of 368 10 feet, central angle of 22°21'30", chord bearing of S 1106'15" E chord distance of 142 73 feet), Thence S 0°04'03" W a distance of 4 91 feet to a point; Thence S 89°55'30" E a distance of 671 03 feet to a point; Thence S 0°06'10" E a distance of 28 74 feet to a point, Thence S 89°30'10" E a distance of 240 00 feet to a point on the West line of Merriman Road and the point of beginning EXHIBIT B An easement for natural gas underground line (30 feet wide) being a part of the Southeast 1/4 of Section 27, T 1S , R 9E, City of Livonia, Wayne County, Michigan, the centerline of which is more particularly described as follows Commencing at the East 1/4 corner of Section 27, T 1S , R.9E , thence S 00°06'10" E , along the East line of Section 27, a distance of 557 42 feet to a point; thence N 89°30'10" W , 60 00 feet; thence S 00°06'10" E , 50 00 feet to the point of beginning of the centerline of the following described gas line easement; thence N 89°30'10" W , 340 00 feet; thence S 00°29'50" W , 21 66 feet; thence N 89°54'52" W , 1317 42 feet; thence S 00°04'30" W , 47 64 feet, thence N 00°04'30" E 47 64 feet; thence S 89°54'52" E 679 70 feet, thence S 00°04'30" W , 294 19 feet; thence S 89°54'52" E , 65 00 feet; thence N 89°54'52" W , 650 00 feet; thence S 00°04'30" W 657 00 feet to the Point of Ending On a motion by Kokenakes, seconded by Knapp, it was 34824 Regular Meeting of September 15, 2004 CR 446-04 RESOLVED, that having considered a communication from the City Planning Commission, dated July 7, 2004, which sets forth its resolution 07-93-2004 adopted on July 6, 2004, with regard to Petition 2004-05-01-06 submitted by Schafer Development, LLC, on behalf of Elaine J Beresh, for a change of zoning of property located at 29650 St. Martins, on the north side of St. Martins Avenue between Middlebelt Road and Melvin Avenue, in the Southeast 1/4 of Section 2 from RUFA and R-1 to RC, and the Council having conducted a public hearing with regard to this matter on September 1, 2004, the Council does hereby approve Petition 2004-05-01-06 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann and Taylor NAYS Robinson On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was CR 447-04 RESOLVED, that having considered a communication from the City Planning Commission, dated July 9, 2004, which sets forth its resolution 07-94-2004, adopted on July 6, 2004, with regard to Petition 2004-06-01-07, submitted by Thomas Raupp, on behalf of Safwan Kazmouz, M D , for a change of zoning of property located at 14030 Farmington Road, on the east side of Farmington Road between Schoolcraft Road and Summers Avenue in the Southwest 1/4 of Section 22 from RUF to OS, and the Council having conducted a public hearing with regard to this matter on September 1, 2004, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-06-01-07 is hereby denied for the following reasons 1 That the proposed change of zoning would constitute a spot zone since it is not contiguous to a similar zoning district; 2 That the proposed change of zoning will be incompatible to and not in harmony with the existing zoning and land uses in the 6111, surrounding area, 34825 Regular Meeting of September 15, 2004 3 That the proposed zoning change will provide for only piecemeal development in the area, 4 That the proposed change of zoning will not provide for a comprehensive solution to future development of the subject property, as well as adjacent properties, and 5 That there is no demonstrated need for additional office uses in this area On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously adopted, it was. CR 448-04 RESOLVED, that having considered a communication from the City Planning Commission, dated July 9, 2004, which sets forth its resolution 07-95-2004, adopted on July 6, 2004, with regard to Petition 2004-06-01-08, submitted by Afram Sabbagh, for a change of zoning of property located at 16800 Middlebelt Road, on the east side of Middlebelt Road between Six Mile Road and Grove Avenue in the Northwest 1/4 of Section 13 from RUF to C-1, and the Council having conducted a public hearing with regard to this matter on September 1, 2004, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-06-01-08 is hereby denied for the following reasons 1 That the proposed change of zoning will be incompatible to and not in harmony with the existing zoning and land uses in the surrounding area, 2 That this general area along Middlebelt Road between Five Mile and Six Mile Roads contains sufficient commercially zoned lands to adequately provide for commercial uses to serve the area, 3 That the proposed zoning change would tend to encourage future requests for similar zoning changes along the east side of Middlebelt Road immediately south of the subject area, 4 That the proposed change of zoning is inconsistent with the Future Land Use Plan designation of office use for the subject area, and 5 That the petitioner has failed to adequately demonstrate a need in this area for additional commercial uses such as are permitted by the C-1 district. On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously adopted, it was. 34826 Regular Meeting of September 15, 2004 CR 449-04 RESOLVED, that having considered a communication from Pete Wood, dated June 22, 2004, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on June 15, 2004 by the City Planning Commission in its resolution 06-90-2004 with regard to Petition 2004-04-02-24 submitted by Pete Wood Plumbing requesting waiver use approval to expand outdoor storage for contractors to store commercial vehicles located at 31675 Eight Mile Road, on the south side of Eight Mile Road between Merriman Road and Osmus Avenue in the Northeast 1/4 of Section 3, which property is zoned M-1, and the Council having conducted a public hearing with regard to this matter on September 1, 2004, the Council does hereby reject the recommendation of the Planning Commission and Petition 2004-04-02-24 is hereby approved and granted subject to the following conditions 1 That the Site Plan submitted by Pete Wood, received by the Planning Commission on June 10, 2004, is hereby approved and shall be adhered to, 2 That the entire parking area west of the building shall be repaved and the parking shall be double striped including the provisions of properly signed and marked accessible parking near the building entry; 3 That the entire yard storage area shall be paved with asphalt and double striped in accordance with the Site Plan prior to the issuance of a Certificate of Occupancy for the subject use, 4 That the 35' x 60' storage area proposed to be located in a portion of the side yard east of the building shall be hard surfaced with concrete or plant-mixed asphalt of a type approved by the Engineering Division within two (2) years of the issuance of the Certificate of Occupancy for the subject use, in accordance with the provisions of 13 06 of the Zoning Ordinance, 5 That the use of barbed wire on the fence enclosing the subject property shall be prohibited and all existing barbed wire shall be removed, 6 That a dumpster enclosure shall be provided in the northeasterly portion of the rear parking area as shown on the Site Plan which shall be constructed of brick, block or reinforced poured concrete walls and with metal enclosure gates which shall be properly maintained and, when not in use, closed at all times, 34827 Regular Meeting of September 15, 2004 7 That the existing landscaping shall receive needed maintenance to the satisfaction of the Inspection Department and shall thereafter be permanently maintained in a healthy condition, 8 That the contractors' vehicles and equipment shall be stored in an orderly manner in the designated areas by size and type as shown on the Site Plan, and there shall be no outdoor storage of disabled or inoperable equipment and vehicles, scrap material, bulk material, debris or other similar items, 9 That no on-site repair or maintenance work shall be performed on vehicles or equipment parked or stored at this facility; 10 That normal hours of operation of this facility shall be from 6 00 a m to 10 00 p m except for emergencies only; 11 That all exterior lighting shall not exceed 20 feet in height above grade and shall be properly shielded so as to be deflected away from the adjacent or neighboring residential properties, 12 That the elimination of the required 20 foot wide greenbelt where the subject property abuts residentially zoned land to the south shall be contingent upon the waiving of this requirement of the City Council by means of a separate resolution in which two-thirds of the members of the City Council concur; and 13 That the plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for On a motion by Meakin, seconded by Knapp, it was CR 450-04 RESOLVED, that having considered a communication from Pete Wood, dated June 22, 2004, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on June 15, 2004 by the City Planning Commission in its resolution 06-90-2004 with regard to Petition 2004-04-02-24 submitted by Pete Wood Plumbing requesting waiver use approval to expand outdoor storage for contractors to store commercial vehicles located at 31675 Eight Mile Road, on the south side of Eight Mile Road between Merriman Road and Osmus Avenue in the Northeast 1/4 of Section 3, which property is zoned M-1, and the Council having conducted a public hearing with regard to this matter on September 1, 2004, the Council does hereby waive the greenbelt requirement adjacent to residential properties set forth in Section 16 11(b)(5) of Zoning Ordinance No 543, as amended 34828 Regular Meeting of September 15, 2004 A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, Robinson and Taylor NAYS McCann The President declared the resolution duly adopted On a motion by Knapp, seconded by Meakin, and unanimously adopted, this 1,520th Regular Meeting of the Council of the City of Livonia was adjourned at 8 46 p m , September 15, 2004 aid Val Vandersloot, City Clerk